The comic will appear once a month on the TSA blog until the end of the series. Enjoy!
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As part of the “Authors in Architecture” lecture series, two writers involved with Literary Houston, published in 2010 by TCU Press, will read from the book on Sept. 21 at the Clayton Library, 5300 Caroline St. The event is co-sponsored by the Architecture Center Houston and the Houston Public Library. Admission is free.
The presenters will be the book’s editor David Theis and local arts writer Lisa Gray, who is among the 60-plus authors represented in Literary Houston. Theis will discuss how architecture, planning, and historic preservation are addressed in the book. The collection includes a well-known Ada Louise Huxtable piece from The New York Times, a Joel Garreau excerpt from Edge City, and an article on the Astrodome by Douglas Pegues Harvey originally published in Texas Architect.
A reception and book signing will follow the presentation. Find more information about the event at http://www.aiahouston.org/. Architecture Center Houston (ArCH) is a collaboration of AIA Houston and the Architecture Center Houston Foundation.
At 5:30 p.m., attendees will be offered a brief tour of the recently renovated library given by Ernesto Maldonado, AIA, of Glassman Shoemake Maldonado Architects. Maldonado will talk about his firm’s recent award-winning renovation and addition to the historically significant building.
Literary Houston is an anthology of writing about Houston and Houstonians. The content is categorized in sections titled “Memoir and Biography,” “Visitors,” “The City Itself,” “Events,” “Poetry,” and “Fiction.” A good deal of Houston history is included, dating back to the days of Cabeza de Vaca and continuing through the Battle of San Jacinto and up to Enron and Hurricane Katrina. Works by local writers are included, along with articles by writers with national and international reputations, including Larry McMurtry, Norman Mailer, Ada Louise Huxtable, and Simone de Beauvoir.
David Theis moved to Houston in 1984 to study in the creative writing program at the University of Houston. Upon graduation, he became a journalist writing for Houston City Magazine, The Houstonian, Texas Observer, Texas Monthly, Cite, and numerous other publications. From 1989 to 1994, Theis was a staff writer for the Houston Press where he wrote news, features, and film reviews. In 2002, his novel Rio Ganges was published by Winedale Press. He is currently at work on a second novel.
Lisa Gray is a member of the Houston Chronicle editorial board and a weekly columnist covering things that contribute to Houston's peculiar sense of place—the city's environment, urban design, architecture, history, and whatever else seems interesting that week. She is a former managing editor of Cite, the Rice Design Alliance's quarterly magazine; a former managing editor and columnist at the Houston Press; and a former managing editor of Washington City Paper. Her work has appeared in Business Week, People, Good Housekeeping, O at Home, and Slate.
The Clayton Library was built in 1917 as a family home. It became a part of the Houston Public Library System in 1966 when a special collection for genealogical research was relocated there and the building was opened to the public. Glassman Shoemake Maldonado’s recent project included renovating and remodeling the guest and carriage houses on the property. This included an addition to the carriage house allowing for national conferences on genealogical research to be hosted onsite.
Extremely dry conditions around Texas and the Southwest have fueled numerous wildfires since April, and the weather forecast doesn’t offer much relief to reduce fears of further conflagrations through the summer. While the efforts of firefighters have so far protected populated areas, flames have destroyed a number of homes and other buildings in rural locales.
One of this year’s worst wildfires occurred in April in the Davis Mountains near the McDonald Observatory. Dramatic photos posted on various astronomy websites (www.skyandtelescope.com) showed glowing flames in the vicinity of the telescopes, but that fire was a control burn taken as a precaution to alleviate the threat of a larger disaster. Another blog post (www.space.com) reported that the fire caused a temporary power outage at the observatory complex. And while another wildfire at the same time damaged buildings in the nearby town of Fort Davis, there were no reports of harm to the nineteenth-century military structures at the Fort Davis National Historic Site.
(The top photo, taken on April 17, shows the control burn on Black Mountain behind the Hobby-Eberly Telescope dome. The other photo, taken on April 9, shows the Smith Telescope with the control burn on the horizon. Both photos taken by Frank Cianciolo courtesy of the McDonald Observatory.)
In late June, the Texas Forest Service (txforestservice.tamu.edu) reported that elevated fire weather conditions continued to be in effect northwest of a line from Fort Worth to Del Rio including the southern half of the Texas Panhandle. The report also mentioned that state firefighters had recently responded to two new fires, one in Wichita County and another in Hardeman County. In addition, the report stated that three wildfires – the Miles Fire in Wheeler County (500 acres), the Boyken Fire in Howard County (5,067 acres), and the Mitchell Ranch 2 Fire in Crockett County (3,212 acres) – had been contained.
HB 2284 (see May 25, 27 and June 6 blogs)
Summary—A/E “Peace Accord” bill that settles 20+-year scope-of-practice disputes between the professions. In trade for creating a process by which certain licensed engineers can be “grandfathered” (between September 1, 2011 and January 1, 2012) to continue practicing architecture without an architecture license, language was added to the Engineering Practice Act stating that an architect must prepare the architectural plans and specifications for any building intended for human use or occupancy, as well as “the practice of engineering does not include the practice of architecture.”
Effective Date—September 1, 2011
Exemptions or Exclusions—See those previously reported on the TSA Blog regarding an engineer’s eligibility to apply for “grandfathering.”
HB 2093 (see May 25 and 27 blogs)
Summary—Makes broad-form indemnification clauses “void and unenforceable.” In other words, as a matter of public policy, after the effective date most contracts will require each party to be responsible for its own acts, and will not allow one party to dictate to another that a “second party” must indemnify and defend the “first party” against the first party’s acts of negligence. The “void and unenforceable” limitation also extends to any requirement to purchase additional insurance for such indemnification contingencies.
Effective Date—January 1, 2012
Exemptions or Exclusions—Specific classes of exempted construction contracts include residential (single family house, townhouse or duplex, including any related land development) and municipal projects. In addition, language for common or current exemptions such as bodily injury or death of an employee, breach of contract, general indemnity agreements required by sureties or in loan or financing documents, general “benefits and protections” language under state workers comp or governmental immunity laws, etc., are included.
HB 1728 (see May 25 and June 7 blogs)
Summary—Establishes parameters for energy-performance or energy-conservation contracts, including available sources of funds to pay for them. Of particular interest to architects is the language limiting K-12 public education entities from disallowing “proper allocation” of available tax credits added to Section 44.902 of the Education Code (See page 3). Similar language for other public entities is found in HB 51.
Effective Date—September 1, 2011
Exemptions or Exclusions—None
HB 628 (see May 25 and May 27 blogs)
Summary—Consolidates the language dealing with Alternative Project Delivery methods now found in three different codes (Education, Government and Local Government) into a single chapter of the Government Code. It also provides a bit of needed tort reform by requiring that money received by a school district as the result of a construction-defect lawsuit—regardless whether a settlement or verdict—be spent to fix the problem for which the lawsuit was filed.
Effective Date— September 1, 2011
Exemptions or Exclusions—While the bill has almost universal impact on all public entities, there are notable exceptions like the Texas Department of Transportation and institutions of higher learning (although community and junior colleges are included).
HB 51 (see May 25 and June 7 blogs)
Summary—Requires state buildings to be designed and constructed or renovated to achieve certification under a nationally recognized program such as LEED or Green Globes, or a comparable program developed by a municipally owned energy producer. Also includes language that says a design professional’s services to achieve such third-party certification are not to be considered “basic services,” and that public entities may not disallow proper allocation of potential tax credits. (See page 5, lines 15-24 of the bill.)
Effective Date—September 1, 2011
Exemptions or Exclusions—Higher education buildings may be exempted in cases where the governing board has already adopted another, reasonably equivalent, set of energy-conservation standards, or requests and is granted an “undue hardship” waiver from SECO, which includes providing documentation demonstrating need for the waiver. Also, buildings for which a Higher Ed entity advertises seeking RFQs, RFPs, bids, etc., before September 1, 2013 are exempt. Only their buildings or projects initiated after that date are covered. For state buildings, the effective date is September 1, 2011.
Who’s Responsible for the Work?
In its capacity as supervisor, coordinator, and director of the Work, the contractor must obviously develop and implement a reasonable and prudent plan for organizing, phasing, coordinating, scheduling, and implementing the Work.
This responsibility is clearly stated and repeatedly emphasized in the AIA’s General Conditions of the Contract for Construction.
• Section 1.1.3 identifies the Work as the contractor’s responsibility: “The term ‘Work’ means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor’s obligations.”
• Section 3.3.1 states that the contractor is in complete charge and control of the Work and is the only contracted entity that bears such responsibility: “The Contractor shall supervise and direct the Work, using the Contractor’s best skill and attention. The Contractor shall be solely responsible for, and have control over, construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Contract, unless the Contract Documents give other specific instructions concerning these matters.”
• Section 3.1.3 states that the responsibility is absolute and cannot be assumed or circumvented by the actions of the architect, or deferred upon the architect: “The Contractor shall not be relieved of obligations to perform the Work in accordance with the Contract Documents either by activities or duties of the Architect in the Architect’s administration of the Contract, or by tests, inspections or approvals required or performed by persons or entities other than the Contractor.”
What Comprises a Work Plan?
The elements of a Work Plan can vary based on the contractor’s expertise and approach, but the minimum services and components required of the contractor can be found in the AIA General Conditions, which include:
• Section 1.2.2: “… dividing the Work among Subcontractors or … establishing the extent of Work to be performed by any trade.”
• Section 3.2.2: “…the Contractor shall, before starting each portion of the Work…take field measurement of any existing conditions…for the purpose of facilitating coordination and construction.”
• Section 3.3.3: “The Contractor shall be responsible for inspection of portions of the Work already performed to determine that such portions are in proper condition to receive subsequent Work.”
• Section 3.7.2: “The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities applicable to the performance of the Work.”
• Section 3.10.1: “The Contractor…shall prepare and submit…a Contractor’s construction schedule for the Work.”
• Section 3.10.2: “The Contractor shall prepare a submittal schedule…coordinated with the Contractor’s construction schedule…”
• Section 3.11: “The Contractor shall maintain at the site…one copy of the Drawings, Specifications, Addenda, Change Orders and other Modifications…to indicate field changes and selections made during construction, and one copy of approved Shop Drawings, Product Data, Samples and similar required submittals.”
• Section 3.12.1: “Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the Contractor, or a Subcontractor, Sub-subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work.”
• Section 3.12.4: “Shop Drawings, Product Data, Samples and similar submittals…purpose is to demonstrate the way by which the Contractor proposes to conform to the…Contract Documents…”
• Section 3.12.6: “By submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents…that the Contractor has…reviewed and approved them,…checked and coordinated the information contained within such submittals…”
• Section 9.2: “[Preparing]…a schedule of values allocating the entire Contract Sum to the various portions of the Work…[to]…be used as a basis for reviewing the Contractor's Applications for Payment.”
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